Section 4: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Code of Criminal Procedure: • High Court. — the highest Court of criminal appeal or revision for a province [and the Islamabad Capital Territory]:] • Magistrate — a Judicial Magistrate and includes a Special Judicial Magistrate appointed under sections 12 and 14;] This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or content: (a) “Advocate General.” “Advocate General” includes also a Government Advocate, or, where there is no Advocate General or Government Advocate, such officer as the [Provincial Government] may, from time to time, appoint in this behalf: (b) “Bailable offence.” “Non bailable offence.” “bailable offence” means an offence shown as bailable in the second schedule, or which is made bailable by any other law for the time being in force; and “non bailable offence” means any other offence: (c) “Charge.” “charge” includes any head of charge when the charge contains more heads than one: (d) [* * * * * * *] (e) [* * * * * * *] (f) “Cognizable offence.” “Cognizable case.” “cognizable offence” means an offence for, and “cognizable case” means a case in, which a police officer, [* * *], may, in accordance with the second schedule, or under any law for the time being in force, arrest without warrant: (g) [* * * * * * *] (h) “Complaint.” “Complaint” means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed an offence, but it does not include the report of a police officer: (i) [* * * * * * *] [(j) “High Court.” means the highest Court of criminal appeal or revision for a province [and the Islamabad Capital Territory]:] (k) “Inquiry.” “inquiry” includes every inquiry other than a trial conducted under this Code by a Magistrate or Court: (l) “Investigation.” “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf : (m) “Judicial proceeding.” “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath: [(ma) “Magistrate” means a Judicial Magistrate and includes a Special Judicial Magistrate appointed under sections 12 and 14;] (n) “Non cognizable offence.” “Non cognizable case.” “non cognizable offence” means an offence for, and “non cognizable case” means a case in, which a police officer, [* * *], may not arrest without warrant: (o) “Offence.” “offence” means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the Cattle trespass Act, 1871 (I of 1871): (p) “Officer incharge of a police station.” “officer incharge of a police station” includes, when the officer incharge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station house who is next in rank to such officer and is above the rank of constable or, when the [Provincial Government] so directs, any other police officer so present: (q) “Place.” “place” includes also a house, building, tent and vessel: (r) “Pleader.” “pleader,” used with reference to any proceeding in any Court, means a pleader [or a mukhtar] authorised under any law for the time being in force to practise in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorised, and (2) any [* *] other person appointed with the permission of the court to act in such proceeding: (s) “Police station.” “police station” means any post or place declared, generally or specially, by the [Provincial Government] to be a police station, and includes any local area specified by the [Provincial Government] in this behalf: (t) “Public Prosecutor.” “Public Prosecutor” means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of [the State] in any High Court in the exercise of its original criminal jurisdiction: (u) “Sub division.” “sub division” means a sub division of a district: (v) [* * * * * * *] (w) [* * * * * * *] (2) Words referring to acts. Words which refer to acts done, extend also to illegal omissions; and Words to have same meaning as in Pakistan Penal Code. All words and expressions used herein and defined in the Pakistan Penal Code (XLV of 1860), and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.

Effective date: 1898-07-01

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